Last Updated: April 20, 2026
Effective: Upon public launch of the Service
These Terms are a draft describing the contract Ophie intends to offer at public launch. They are not yet in effect because the Service is not yet launched. They have not undergone final legal review. Do not rely on them as a binding legal document until we publish a firm effective date.
The canonical source of truth is TERMS.md in our repository.
Ophie is not a crisis service.
Ophie is not a therapist and not a substitute for a licensed mental health professional. If you are in crisis, call or text 988, text HOME to 741741, or call 911. Resources in Section 22.
Binding arbitration and class-action waiver
Section 18 includes a binding arbitration clause, a class-action waiver, a jury-trial waiver, and a 30-day opt-out right. Read it carefully.
"Ophie," "we," "us," and "our" refer to the trade name under which the founders of Ophie (in the process of incorporating as a Delaware C-corporation) operate the Service. Until that Delaware corporation ("Ophie, Inc.") is formed and assumes the business, Ophie operates as an unincorporated venture of its founders. On incorporation, Ophie, Inc. will succeed to all rights and obligations under these Terms.
"You" and "your" refer to you, as a user. The Service is offered only in the United States and only to individuals who are 18+.
"Service" means the Ophie webapp, ophie.app, any Ophie-branded application released in the future, our APIs, and related features and communications.
You may use the Service only if:
If we believe any of these representations is false — in particular, if we believe a user is under 18 — we may suspend or terminate the account without notice and delete the associated data.
You must create an account to use the Service. Keep your credentials safe and your information current. Notify us at team@ophie.app of any suspected unauthorized access. One person per account.
Ophie is a voice-first AI companion for everyday stressors and emotional well-being. The Service is intended only as supplementary, non-clinical support.
Ophie is not
Subject to these Terms, Ophie grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use in the United States. This license ends automatically if you violate these Terms.
"Your Content" means voice audio, text, transcripts, memory entries, feedback, and other information you provide to or create through the Service, together with AI-generated content derived from your input.
You retain ownership of Your Content to the extent you own it. You grant Ophie a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, analyze, display, and create derivative works of Your Content solely to operate and improve the Service for you, keep the Service safe, and comply with law. This license ends when you delete the content or your account, subject to (i) backup purge cycles, (ii) records we must retain by law, and (iii) residual anonymized metrics.
We do not claim any right to use Your Content to train foundation models or any third-party AI model. If we ever seek to do so, we will obtain your separate, specific, affirmative, opt-in consent, and we will not condition access to the Service on granting it.
Feedback you provide is non-confidential. You grant Ophie a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use Feedback without obligation.
Ophie and its licensors own all right, title, and interest in the Service, including software, models (including fine-tunes), prompts, voice personas, UI designs, trademarks, logos, and content we create or license. Nothing here transfers those rights.
Note on AI output: under current US Copyright Office guidance, purely AI-generated output is not protected by copyright. We make no representation that any AI-generated output is or is not copyrightable and disclaim any such claim to the extent the law does not grant one.
You agree not to:
Ophie's responses are generated by probabilistic language models. They may be inaccurate, incomplete, out of date, biased, or inappropriate. Ophie is not a source of medical, mental-health, legal, or financial advice. Do not act on Ophie's output as if it were advice from a qualified professional.
Ophie may produce reasonable-sounding but wrong output ("hallucination"). You are responsible for independently evaluating any recommendation before acting.
Ophie uses memory of prior sessions in Memory mode. That memory is the product of automated inference and can be incorrect. You can review and edit what Ophie remembers at any time.
Ophie's automated systems screen your messages for language suggestive of risk and may pause or redirect the session, display crisis resources, and log the event to a restricted safety-audit log. These safeguards are not a substitute for emergency services.
Ophie has no duty to identify that you are in crisis, to warn any third party, or to contact emergency services on your behalf. Ophie is not a "mental health professional" under any state's Tarasoff-type statute. Ophie reserves the right, in its sole discretion and without any obligation to do so, to contact emergency services upon a specific, credible, imminent threat to life of an identifiable person.
See our Safety and Crisis Response Protocol.
Ophie offers a free tier and paid subscription tiers. Where state law requires additional disclosures or consent (California ARL, New York GBL § 527-a, and laws of CO, CT, IL, FL, MD, OR, TN, VA, VT, WA, DC, and others), we present those disclosures at the point of purchase.
Current plans, prices, features, billing frequency, and trial terms are shown at checkout. Your subscription begins on completion of checkout and continues for the selected term.
YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each term at the then-current price of a comparable subscription, until you cancel. We charge your saved payment method on or around the renewal date. We send renewal reminders in advance where state law requires and at least 7 days before annual renewals.
Cancel at any time in Settings → Billing or by emailing team@ophie.app. Cancellation is effective at the end of the current paid term. We offer the same cancellation channels used to subscribe, consistent with CA Bus. & Prof. Code § 17602 (as amended by AB 2863).
We disclose the trial's length, the price that will be charged at the end, and the cancellation method at sign-up, and we send a reminder before the trial converts.
Payments processed by Stripe. Prices in USD and exclude taxes unless stated. Failed payments may result in suspended access.
We notify you at least 30 days in advance of material price changes. In states requiring express consent to a material price change in an auto-renewing contract, the change takes effect only with your consent.
Except as required by law, fees are non-refundable and partial-period refunds are not provided. Disputes: email team@ophie.app within 30 days.
Promotional pricing and referral credits have terms published at the point of offer; not stackable unless expressly stated.
The Service is delivered with the help of third-party subprocessors listed in our Privacy Policy. We are responsible for selecting trustworthy providers and maintaining DPAs. We are not responsible for third-party services you choose to integrate outside of our official integrations.
Features marked "beta," "preview," or similar are provided "as is," may change or be discontinued at any time, and may have additional terms. Information about unreleased features is confidential.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES (MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY OF OUTPUT). WE DO NOT WARRANT UPTIME, ERROR-FREE OPERATION, SECURITY, OR ANY PARTICULAR RESULT (INCLUDING ANY MENTAL OR EMOTIONAL IMPROVEMENT). WE DO NOT WARRANT THAT AI OUTPUT IS ACCURATE, APPROPRIATE, OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPHIE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. OPHIE'S AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID OPHIE IN THE 12 MONTHS BEFORE THE EVENT OR (B) USD $100.
These limits do not apply to liability that cannot be limited by law (e.g., gross negligence, fraud, willful misconduct, or bodily injury from a defective product, in states where such limits are not enforceable).
You will defend, indemnify, and hold harmless Ophie from any third-party claim arising out of (a) Your Content, (b) your violation of these Terms, (c) your violation of applicable law, or (d) your violation of a third party's rights. We may assume exclusive defense and control; you will cooperate.
Please read this section carefully.
This section affects your legal rights, including your right to go to court and your right to a jury.
You and Ophie agree that any dispute arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding individual arbitration, not in court, except as stated below. This arbitration agreement is governed by the Federal Arbitration Act.
Before arbitration, you and Ophie will try in good faith to resolve the Dispute informally for at least 60 days. Start by emailing team@ophie.app.
Administered by the American Arbitration Association under the AAA Consumer Arbitration Rules and, where applicable, the Mass Arbitration Supplementary Rules.
Hearings in the county of your residence or by video/phone at your election. In-person hearing available for Disputes over $25,000.
For Disputes under $10,000, Ophie pays all AAA fees unless the arbitrator finds the claim frivolous.
YOU AND OPHIE AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
If 25+ similar demands are filed within 90 days, either party may request the AAA Mass Arbitration Supplementary Rules, including a process arbitrator, bellwether hearings, and consolidated procedural orders.
YOU AND OPHIE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY NON-ARBITRABLE DISPUTE.
This section does not apply to (a) small-claims court actions, (b) public-injunctive-relief claims that cannot be subject to pre-dispute arbitration under McGill v. Citibank, 2 Cal. 5th 945 (2017), or (c) IP-related injunctive relief.
Opt out within 30 days of first accepting these Terms by emailing team@ophie.app with subject "Arbitration Opt-Out" and your name, account email, and opt-out statement.
If any portion is unenforceable, the rest remains in effect. If the class-action waiver is unenforceable as to a claim, that claim proceeds in court, severed from claims that remain in arbitration.
team@ophie.app.These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 18 and nothing deprives you of non-waivable protections of your state's consumer-protection laws.
For any non-arbitrable Dispute, exclusive jurisdiction lies in the state and federal courts located in New Castle County, Delaware. Your right to bring small-claims actions in your own state is preserved.
Material changes will be communicated by email and/or in-product notice at least 30 days before they take effect. Continued use after the effective date indicates acceptance. We will not retroactively apply new Terms to use that occurred before the effective date, and we will not retroactively expand the license you have granted to Your Content.
If you are in immediate danger, call 911.
The Service is offered only in the United States. You represent that you are not located in any US-embargoed or comprehensively sanctioned country/region (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions of Ukraine), not on the OFAC SDN list, and your use does not violate US export-control laws.
You consent to receive notices electronically, including via email and in-product messages, and to the use of electronic signatures and records under E-SIGN (15 U.S.C. §§ 7001 et seq.) and state UETA analogues. You may withdraw consent, but doing so may prevent you from using the Service.
Send DMCA notices to team@ophie.app with the elements required by 17 U.S.C. § 512(c)(3). We will register our designated agent with the US Copyright Office on launch. We maintain a repeat-infringer policy.
team@ophie.app.Under Cal. Civ. Code § 1789.3: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Our ARL disclosures are in Section 12.
General / Billing / Privacy / Security / Legal / DMCA
team@ophie.app
Founders
founders@ophie.app